ITALY (Italian Republic)
Signed November 13, 1997
This Agreement replaces the original Agreement dated June 16, 1970
Please take note that this summary is simply a reference tool and that you must comply with the complete terms of the applicable treaty(ies) (see link above) and with Telefilm Canada’s Audiovisual Coproduction guidelines
Film & Television.
Bipartite: 20% – Article 4 (1), (2) & (3)
Multipartite: 20% – Article 5 (1), (2) & (3)
Article 4 (1), (2) & (3)
- The respective contributions of the producers of the two countries may vary from twenty (20) to eighty (80) per cent for each film, the minority participation being not less than twenty per cent of the production cost of the film.
- The minority co-producer shall be required to make an effective technical and creative contribution. In principle, the contribution of the minority co-producer in creative staff, technicians and actors shall be in proportion to his financial contribution and in any case his creative and technical contribution shall include at least one author, one technician, one performer in a leading role and one performer in a supporting role.
- Departures of the provisions of the foregoing paragraph may be made jointly by the competent authorities of both countries, but a Canadian director or an Italian director shall be employed in any co-production.
Article 5 (1), (2) & (3)
- The parties to this Agreement look favourably upon co-productions meeting international standards by Canada, Italy and any country to which Canada or Italy is bound by an official co-production agreement.
- The conditions of acceptance for such films shall be determined in each case.
- No minority contribution to such films shall be less than twenty (20) per cent of the budget. The creative and technical contributions shall conform to this percentage.
SHOOTING AND PERFORMERS
Article 3 (1), (2) & (3)
- If the scenario or the subject of the film so requires, location shooting, exterior or interior, in a country not participating in the co-production may be authorized.
- The producers, scriptwriters, directors and performers of co-productions, as well as technicians participating in the production, must be nationals of Canada or Italy, or permanent residents of Canada, or nationals of member States of the European Union.
- Should the film so require, the participation of performers who are not citizens of one of the co-producing countries may be permitted, but only in exceptional circumstances, and subject to agreement between the competent authorities of both countries. However, foreign performers who are normally resident and employed in Canada or Italy may, in exceptional circumstances, take part in coproduction as residents of one or the other of the said countries.
Article 6 (2)
- Two versions shall be made of any co-produced film; such versions may be either in English and in Italian or in French and in Italian.
COPRODUCTION AGREEMENT (ANNEX)
In accordance with the Agreement between the Government of Canada and the Government of the Italian Republic on Film Co-productions, the coproduction agreement should include;
1. the title of the film;
2. the name of the writer or of the person responsible for adapting the subject if it is drawn from a literary source;
3. the name of the director (a safety clause is permitted for his replacement, if necessary);
4. the amount of the budget;
5. the amount of the financial contributions of the co-producers;
6. the sharing of the receipts and markets;
7. the undertaking between the co-producers concerning their participation in any costs which exceed the budget or in the benefits from any savings in the production cost, proportionate to their respective participation. The participation in over-expenditure may be limited to 30% of the budget of the film;
8. a clause in the contract must provide that the admission of the film to the benefits of the agreement does not bind the competent authorities to permit the public exhibition of the film. Under the circumstances, therefore, there must be a clause setting out the conditions of a financial settlement between the co-producers:
- if the competent authorities of either country refuse the application following examination of the complete file;
- if the competent authorities do not permit exhibition of the film in either country or in third countries;
- if the financial contributions have not been made according to the terms of Article 8 of the Agreement;
9. a clause aiming at establishing measures to be implemented if one of the co-producers does not entirely fulfill his commitments;
10. a clause which requires the majority co-producer to take out an insurance policy covering all production risks;
11. the approximate starting date of shooting;
IMPORTANT: please also consult List of essential elements required in an audiovisual coproduction agreement